Brothers on trial for rape of two boys

A 10-year-old boy liked drawing pictures of police cars because he believed the police would save him and his brother from rape by two adult brothers, a police inspector testified yesterday.

Vice Squad Police Inspector Louise Calleja gave a detailed account of investigations into allegations made by the 10-year-old boy and his 11-year-old stepbrother that they had been raped after their mother entrusted them in the care of Denis Pandolfino and his brother Anthony.

She was testifying before Mr Justice Joseph Galea Debono on the first day of trial by the bench of Denis Pandolfino, 58, and Anthony Pandolfino, 63.

The Pandolfinos are pleading not guilty to raping and defiling the boys on and before 2002.

They are also charged with holding the boys against their will and the illegal possession of pornographic material. Today the boys are 14 and 15 years old.

On introducing his case, Assistant Attorney General Anthony Barbara, prosecuting, told the court that this was a "very delicate case" as it involved the "cruel" abuse of children.

He noted that such incidents happened away from the public eye, which was why the prosecution did not have a great amount of evidence. However, the court would hear the genuine accounts of the minors, corroborated by the testimony of their counsellor and the findings by the police.

Inspector Calleja was the first to take the stand, explaining how on October 25, 2002, the Child Protection Services informed her that the 10-year-old had told his counsellor he had been raped.

The boy said that when his mother went abroad, in August of that year, she had left him with Denis Pandolfino who abused him and showed him pornographic images.

He also said that his elder brother had been living with Denis Pandolfino's brother and he knew that his brother too had been raped.

The 10-year-old also told the inspector that Denis Pandolfino had an air rifle which he allowed him to use occasionally.

With this information in hand, Inspector Calleja started investigating the allegations. She started by looking up the boy's surname in police archives since it sounded familiar to her.

She found out that there had been allegations, in the past, that his mother had sold her son (the 11-year-old).

On looking into this allegation the inspector learnt that, in the summer of 1999, the woman met Anthony Pandolfino and the son in question spent a lot of time with him.

When the summer holidays were over Anthony Pandolfino suggested that he bring up the boy and the mother accepted so long as she would visit him. It did not result that this boy had been sold.

Then, on October 15, 2001, an anonymous informer told the police he believed that the boy who lived with Anthony Pandolfino was being abused. A social worker who was assigned to the case said the boy was not saying anything.

In light of these allegations - that the boys were being abused by the Pandolfinos - the inspector started the procedure for a care order that was issued on November 29, 2002.

That same day the police carried out simultaneous searches at the Pandolfinos' homes. Inspector Calleja searched Denis Pandolfino's Sliema residence while Inspector Martin Sammut searched Anthony Pandolfino's St Julians home.

Inspector Calleja said that when Denis Pandolfino was faced with the allegations he became very nervous and started shivering. During the search the police found an old firearm which Mr Pandolfino said he sometimes let the (10-year-old) boy use. They also found several pornographic images, some featuring minors.

Meanwhile Anthony Pandolfino was arrested and told the police that the 11-year-old had been living with him since 1999 and he even called him "papà".

In a statement to the police, Anthony Pandolfino, confirmed that certain sexual acts took place between him and the boy who lived with him on the boy's initiative. He also admitted to the possession of pornographic material which he shared with his brother.

Anthony Pandolfino said he worried about leaving the (11-year-old) boy with his brother Denis as he had "tendencies like me. He likes boys".

He said he had had a problem but managed to overcome it and was now a reformed man, going to church periodically. He also said that as a boy he had been abused by a priest and did not want to ruin more people's lives. The police also spoke to Denis Pandolfino who said the 10-year-old had lived with him between August 18 and 29, 2002, while his mother was abroad.

In his statement, Denis Pandolfino denied raping the minors but admitted to the possession of pornographic material.

Inspector Calleja added that, after the care order was issued, on November 30, 2002, she spoke to the 11-year-old who had not spoken about abuse till then.

Feeling safe in police presence, he said that he had been molested by Denis and "a little by Tony".

In the presence of a counsellor, he said Denis Pandolfino did the same to his younger brother. He found this out when one day he told his brother what was happening to him and his brother said he was going through the same experience.

He also said he had always been scared that, if he told anyone, something would happen to him, the inspector recounted.

Eventually the boy said he had also been abused by Anthony Pandolfino who even threatened to kill him if he spoke and told him that, if he was sent to an institute, the nuns there would beat him and there would be no PlayStation.

One day, the boy told the police, he was at home and Anthony Pandolfino called his brother. He told his brother not to go to him. He was proud that he had protected his younger brother, the inspector said.

Lawyer Joseph Mifsud appeared for Denis Pandolfino and lawyer Joseph Giglio for Anthony Pandolfino.